TDR – SR Scheme under old DCPR 2019 is not eligible for additional TDR under DCPR 2034
The petitioner – Developer and Attorney of the original land owner, had offered 37,935 sq.meters at Goregaon for the SRS of construction of tenements for project affected persons.
The said land was designated as Special Planning Authority under Section 40 of the MRTP Act, 1966.
Tripartite Agreement dated 5.8.2003 was executed for the development of SR Scheme.
During the implementation of SRS project, the petitioner acquired development rights of the adjoining land 11,165.1 sq.mts and submitted revised proposal to the MMRDA for including in earlier scheme for total 49,100.4 sq.mts of the land.
MMRD granted revised Letter of Intent dated 20.6.2005 and two further Tripartite Agreements dated 12.8.2005 and 17.8.2005 were executed for construction of tenements on the additional land.
On 8.5.2018, the DCPR 2034 Regulations were notified for Mumbai under which the petitioner would be entitled to 76,986.24 sq.mts.
The petitioner, therefore, claimed an additional land TDR for 19,436.24 sq.meters on the basis of clauses 4, 9 and 10 of the Tripartite Agreements.
HELD that the developer of SR Scheme which was commenced development and will complete as per the old DCR 1991 is not entitled to the additional benefits of TDR under new DCPR 2034 based on the Tripartite Agreements.
Judgment dated 2.1.2025 of the Division Bench of the High Court of Bombay in W.P.No.3087 of 2023 of Smt.Saranga Anil Kumar Aggarwal Vs. The State of Maharashtra and others
